R.R.PRASAD, J. - (1.) HEARD learned Counsel appearing for the petitioners, learned Counsel appearing for the State and learned Counsel appearing for the opposite party No. 2.
(2.) THIS application has been filed under Sec. 482 Cr.P.C. for quashing the entire criminal proceeding of Jugsalai P.S. Case No. 184 of 2003 (G.R. No. 1779 of 2003) pending in the Court of Chief Judidciat Magistrate, Jamshedpur, East Singhbhum, lodged against the petitioners under Sections 467/468/471/420/406 of the Indian Penal Code. The facts of the case giving rise to this application are that the complainant/opposite party No. 2 lodged a complaint case before the Chief Judicial Magistrate, Jamshedpur, which was sent to concerned police station under Sec.156(3) Cr.P.C. for institution and investigation. Upon which the case was instituted, it has been stated by the complainant/informant that Mire. Electronic Company, who was arrayed as accused No. 1, is the Company incorporated under the Companies Act and is engaged in manufacturing of Colour and Black & White Television Sets under the brand name of ONIDA and has been selling in various parts of the country, including the township of Jamshedpur and that petitioner No. 1 being the Director of the said Company, is responsible for the state of affairs of the business of the said Company whereas petitioner No. 2 posted as Area Sales Manager under the aforesaid Company, is looking after the business of the said Company both at Patna as well as Jamshedpur and that the complainant has been running the business of selling the Television Sets and other electronic items under the name and style of M/s. Universal Hi - tech Ltd. and happens to be the proprietor of the said Firm.
(3.) IT has been alleged, that M/s. Mire Electronic through its representative induced the complainant to take the distributorship of ONIDA Television, In order to take distributorship formalities were completed by filling up the form and depositing a sum of Rs. 5,000/ by way of account payee cheque with one Akash Kumar (not the petitioner) the then Marketing Executive of Mire Electronic. That apart two blank cheques bearing Nos. 0115674 and 0115675 drawn on Bank of India in favour of M/s. Mire Electronic was handed over to said Akosh Kumar and that was by way of security deposit, but subsequently to his utter surprise he did find that after putting figure of Rs. 3,50,314.00.00 in one of the blank cheques it has been tendered before its hanker for encashment. Having came to know he instructed the Branch Manager to stop the payment as that was not against any debt payable to said M/s. Mirc Electronic. Accordingly, the cheque got dishonoured. Thereafter he received a notice from the Company that cheque issued for a sum of Rs. 3,50,314.00.00 given in lieu of outstanding dues got dishonoured and put forth demand for payment of the said amount. Upon it he immediately sent a notice whereby he denied his liability to pay him Rs. 3,50,314,00.00 as he had never received the Television Sets from M/s. Mire Electronic. Thus it has been alleged that the accused person fraudulently by putting arbitrary figure, has committed forgery in collusion with each other.;